The extrajudicial effectiveness of the right of withdrawal
DOI:
https://doi.org/10.5433/2178-8189.2017v21n3p189Keywords:
livre associação? direito de retirada? direito potestativo, sociedade limitada.Abstract
This paper explores the right of withdrawal under a constitutional and teleological perspective of article 1.029 of the Brazilian Civil Code, therefore, understands withdrawal as a business partner´s inseparable right and an extension of the constitutional prerogative of the freedom of association. With this concept, this study then analyzes the conditions for its effective and practical applicability. Finally, this research establishes fundamental arguments in order to transform an oblique right to an effective instrument – as a means to undo corporate commitments that do not have clauses of association. In the end, assuring that a commercial registry does not act as a hindrance for the constitutional right to freely associate or disassociate.Downloads
Published
2017-11-29
How to Cite
Gomes Rocha, P. E., & Fernandes Ribeiro Maia, F. (2017). The extrajudicial effectiveness of the right of withdrawal. Scientia Iuris, 21(3), 189–224. https://doi.org/10.5433/2178-8189.2017v21n3p189
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